Tahoe Mountain Fitness Terms & Conditions for Classes and Memberships
Welcome to Tahoe Mountain Fitness. We can't wait to Sweat with you. These Terms and Conditions for Classes and Memberships (the "Terms and Conditions") are intended to supplement Tahoe Mountain Fitness's Terms of Service for Website and App ("Terms of Service") and, together with the Terms of Service, constitute a binding, contractual agreement between you and Tahoe Mountain Fitness ("Tahoe Mountain Fitness," "we" or "us") regarding your purchase or use of any Tahoe Mountain Fitness membership or any Tahoe Mountain Fitness class credits, class packages or other services.
A "Participant" is anyone who purchases a class credit or package from Tahoe Mountain Fitness and/or anyone who attends a Tahoe Mountain Fitness class or who receives any other service provided by us. A Member is anyone who purchases or possesses a Membership from Tahoe Mountain Fitness. In these Terms and Conditions, "Tahoe Mountain Fitness" refers to either Tahoe Mountain Fitness or Tahoe Mountain Fitness's classes offered by Tahoe Mountain Fitness, as appropriate.
These Terms and Conditions apply to Participants and Members. Every time you make a purchase from us or attend a class or receive any other service from Tahoe Mountain Fitness, you acknowledge and accept these Terms and Conditions.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND TAHOE MOUNTAIN FITNESS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
Our contact information is as follows:
Tahoe Mountain Fitness
12047 Donner Pass Road Suite B7
11890 Donner Pass Road Suite 3
Truckee, CA 96161
tahoemountainbliss@gmail.com
530-412-3548
www.tahoemountainfit.com
CLASSES AND PACKAGES
Tahoe Mountain Fitness offers various packages for Tahoe Mountain Fitness classes, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each Tahoe Mountain Fitness class purchased in the package. "Credit" refers to any credit to take a Tahoe Mountain Fitness class, whether purchased or complimentary. All Participants and Members must create a Tahoe Mountain Fitness account ("Account") before taking a class. Please refer to the Terms of Service for more information on creating an Account.
All Participants must arrive by the start of class to guarantee their bike, reformer or required equipment. We reserve the right to offer the reservation of any Participant who has not arrived by the start of class to anyone on the waitlist who is present at the start of class. If no one from the waitlist is present, Tahoe Mountain Fitness allows a five (5) minute window after the start of class for Participants to enter the class. For the safety and enjoyment of all Participants, a Participant may not enter the class if he or she is more than five (5) minutes late.
CLASS CANCELLATION
Reserved classes may be cancelled without penalty 12 hours before the scheduled class at www.tahoemountainfit.com (the "Tahoe Mountain Fitness Website") under My Account or through the Tahoe Mountain Fitness MINDBODY ONLINE PHONE application (the "MINDBODY APP") or the MINDBODY ONLINE WEBSITE on the Reserve or Reservation Details page. Each reservation not cancelled 12 hours before the class scheduled will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
WAITLIST
If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
EXPIRATION AND TRANSFERABILITY OF CREDITS
Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the MINDBODY APP AND/ OR MINDBODY ONLINE WEBSITE or the Tahoe Mountain Fitness Website. Credits and gift cards are not the same product.
Credits are non-refundable and cannot be resold.
Credits are non-transferable among people and locations. Also, Pilates Reformer Credits cannot be transferred to Fitness, Mat and/or Karate Credits, and visa versa.
MEMBERSHIP
Tahoe Mountain Fitness offers various memberships for unlimited Tahoe Mountain Fitness classes ("Memberships"). Specific details for each of the Memberships, including the commitment period, can be found on the Tahoe Mountain Fitness Website and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at Tahoe Mountain Fitness's sole discretion, without a refund. All Members must have valid Credit Card on account or Membership may be de-activated at any time.
If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request. Membership downgrades are subject to the downgrade charge currently $150 which is subject to change.
If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member's next billing date.
Some Membership changes, such as change to the membership type, will cause the commitment period to restart.
CLASS CANCELLATION
Members may cancel a class without penalty 12 hours before the scheduled class at the Tahoe Mountain Fitness Website under My Account or through the MINDBODY App. Each reservation not cancelled 12 hours before the scheduled class will result in a fee of up to $32 plus applicable taxes, which will be charged directly to Member's credit card. The fee cannot be paid for with a class Credit unless a Credit was used to make the reservation. All Members must have valid Credit Card on account or Membership may be de-activated at any time. There are no exceptions to the rules.
WAIT LIST
If no reservations are available for a particular class, Members may join the waitlist. As they become available, class reservations are offered by email or text to Members on the waitlist on a first come, first served basis. If Member is offered and obtains a reservation off the waitlist but fails to attend the class, it will result in a fee up to $32 plus applicable taxes, and will be charged directly to Member's credit card. All Members must have valid Credit Card on account or Membership may be de-activated at any time. There are no exceptions to the rules.
MEMBERSHIP CANCELLATION
Members may cancel their Memberships, after the required commitment has been met, by providing written notice to tahoemountainbliss@gmail.com or by notifying us through the "Contact Us" form on the Tahoe Mountain Fitness Website. After providing such notice, Member will be charged one additional time, with the Membership terminating thirty (30) days after the final payment date. Members who wish to cancel their Membership should notify Tahoe Mountain Fitness before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.
FREEZE POLICY
If a Member is medically unable to attend classes, a Member may request a freeze of Membership ("Medical Freeze"). In such case, a Member must provide a doctor's note at the time of such request. Tahoe Mountain Fitness reserves the right to verify the note with the doctor. Members must notify Tahoe Mountain Fitness upon returning from the Medical Freeze by emailing tahoemountainbliss@gmail.com. After the Medical Freeze, Tahoe Mountain Fitness will resume charging, and Members are obligated to pay, the Member's monthly dues until any commitment period has expired.
Medical Freeze requests should be made to the on-site Tahoe Mountain Fitness manager or by email to tahoemountainbliss@gmail.com. Any non-medical freeze requests should also be directed to the on-site Tahoe Mountain Fitness manager, or send an email to tahoemountainbliss@gmail.com.
Tahoe Mountain Fitness reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment, as may be required for certain types of memberships.
PAYMENTS
UNLESS OTHERWISE STATED BY Tahoe Mountain Fitness IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the "Billing Date").
Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.
Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.
Tahoe Mountain Fitness reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.
CORPORATE AND STUDENT MEMBERSHIPS
Tahoe Mountain Fitness has corporate Memberships with various companies and organizations through which their employees receive discounted Memberships and class packages. The same terms that apply to general Membership as described above also apply to corporate Membership. In addition, once someone becomes a corporate Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
Tahoe Mountain Fitness also offers discounted Memberships to students. (See below for information about additional student discounts.) The same terms that apply to general Membership as described above also apply to student Membership. In addition, once someone becomes a student Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
Corporate and student discounts cannot be combined with any other discounts, such as special rates for new studio openings, or promotions, such as 30% off Cyber Mondays. Tahoe Mountain Fitness reserves the right, from time to time, to verify eligibility for corporate and student Memberships.
PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS
Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member's or Participant's failure to use Tahoe Mountain Fitness's facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. Tahoe Mountain Fitness reserves the right to increase its Membership dues or class/package prices from time to time.
FORM OF PAYMENT
All payments (including for monthly Membership dues, classes, and incidentals) are payable by electronic funds transfer from Member's or Participant's credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.
Once you have provided us with, and agreed to store, your credit card information on the Tahoe Mountain Fitness Website or the MINDBODY Website, you do not need to have your physical credit card on hand to make in-studio purchases. Your in-studio purchases can be applied to the credit card you entered on the Tahoe Mountain Fitness Website or the MINDBODY website.
RETURNED PAYMENT PENALTY
Members and Participants will automatically be charged any bank fee imposed on Tahoe Mountain Fitness, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Tahoe Mountain Fitness retains the right to collect the current and past due balances in any month after the returned payment.
DISPUTED CHARGE PENALTY
In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in Tahoe Mountain Fitness's favor, Tahoe Mountain Fitness shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.
CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY
As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), or for other reasons, Tahoe Mountain Fitness may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at Tahoe Mountain Fitness's sole discretion. For questions or specific issues about the closure of Tahoe Mountain Fitness facilities and use of Credits, email tahoemountainbliss@gmail.com.
OFFERINGS FOR MEMBERS AND PARTICIPANTS
STUDENT, TEACHER AND MILITARY CREDITS
From time to time, Tahoe Mountain Fitness offers discounted Classes to students, teachers, and members of the military, subject to eligibility restrictions and conditions that are subject to change. Students, teachers, and members of the military who are interested in receiving these discounts must provide Tahoe Mountain Fitness with the proof requested by Tahoe Mountain Fitness to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to reserve a class for anyone other than the intended student, teacher or military recipient whose status has been verified by Tahoe Mountain Fitness.
Tahoe Mountain Fitness reserves the right, from time to time, to verify eligibility for student, teacher, or military status.
GIFT CARDS
Gift cards are available for purchase on the Tahoe Mountain Fitness website and in Tahoe Mountain Fitness studios and are redeemable online only and not for purchases of retail items. Gift cards are non-refundable and the entire gift card must be redeemed by a single Account. Gift cards do not expire, however, once they are redeemed for Credits, the Credits expire based on the expiration date described in the details provided at the time of purchase. Gift cards are not redeemable for cash.
CONDUCT, RISKS AND SAFETY
CONDUCT
Members and Participants shall not use any Tahoe Mountain Fitness facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in Tahoe Mountain Fitness facilities.
REVOCATION OF MEMBERSHIPS AND CREDITS
Tahoe Mountain Fitness, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. Tahoe Mountain Fitness also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in Tahoe Mountain Fitness's reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.
MEDICAL RECOMMENDATIONS AND DISCLAIMER
Members and Participants should consult with their physician or have a physical examination before using any of Tahoe Mountain Fitness's facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations.Members and Participants acknowledge that Tahoe Mountain Fitness makes no claims as to medical or fitness results that can or may be obtained through use of the Tahoe Mountain Fitness's facilities, equipment or services. Tahoe Mountain Fitness has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.
HEALTH WARRANTY
Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of Tahoe Mountain Fitness's facilities; (2) they have not been instructed by any physician not to use Tahoe Mountain Fitness's facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
ACTIVITY RISKS
Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Tahoe Mountain Fitness's facilities. Tahoe Mountain Fitness cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of Tahoe Mountain Fitness's facilities, equipment and services to protect against accidents.
INITIAL INTRODUCTION
Members and Participants are strongly encouraged to request and take advantage of an initial consultation, critical analysis and ongoing support available to ensure the proper and safe use of all Tahoe Mountain Fitness equipment.
LOSS OF PROPERTY
Members and Participants are urged not to bring valuables onto Tahoe Mountain Fitness premises and, if they choose to do so, to keep valuables with themselves at all times. Tahoe Mountain Fitness shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables).
ACCOUNT PROTECTION
Members and Participants may not let others use their Tahoe Mountain Fitness username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, Tahoe Mountain Fitness, in its sole discretion, reserves the right to revoke or suspend Member's Membership or Participant's Credits.
RELEASE AND INDEMNITY
Members and Participants hereby acknowledge that there are inherent risks in exercise and in using the equipment associated with Tahoe Mountain Fitness's classes and/or instruction. Members and Participants assume full responsibility for their use of Tahoe Mountain Fitness's facilities and shall indemnify Tahoe Mountain Fitness and its shareholders, owners,affiliates, agents and employees against any and all liability arising out of the use of Tahoe Mountain Fitness's facilities. Additionally, Members, Participants and their guests shall hold Tahoe Mountain Fitness harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of Tahoe Mountain Fitness facilities, equipment, or services.
ADDITIONAL GENERAL PROVISIONS
CELLPHONES
Cellphones are prohibited in Tahoe Mountain Fitness classes unless prior permission has been granted by a studio manager due to exceptional circumstances.
PETS AND BICYCLES
Pets, except service pets, and bicycles are not permitted in Tahoe Mountain Fitness facilities, unless otherwise stated by the studio.
INDEPENDENT CONTRACTORS
From time to time, Tahoe Mountain Fitness may make the services of independent contractors available to Members, Participants, or their guests. Tahoe Mountain Fitness does not warrant or guarantee the quality of these services.
GUEST RULES
Guests are permitted in Tahoe Mountain Fitness facilities, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign Tahoe Mountain Fitness's standard release agreement.
SPECIAL EVENTS
Tahoe Mountain Fitness may from time to time reserve the use of its facilities for special events, competitions and private functions.
CHILDREN'S USE
All children under 18 years of age must be accompanied by a parent at all times within Tahoe Mountain Fitness's facilities unless they are in a supervised activity.
NON-DISCRIMINATION
Tahoe Mountain Fitness does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in Tahoe Mountain Fitness classes or activities.
ENFORCEMENT
If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
ENTIRE AGREEMENT
These Terms and Conditions, Tahoe Mountain Fitness's Terms of Service, and any other rules, policies and regulations of Tahoe Mountain Fitness, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by Tahoe Mountain Fitness.
A "Participant" is anyone who purchases a class credit or package from Tahoe Mountain Fitness and/or anyone who attends a Tahoe Mountain Fitness class or who receives any other service provided by us. A Member is anyone who purchases or possesses a Membership from Tahoe Mountain Fitness. In these Terms and Conditions, "Tahoe Mountain Fitness" refers to either Tahoe Mountain Fitness or Tahoe Mountain Fitness's classes offered by Tahoe Mountain Fitness, as appropriate.
These Terms and Conditions apply to Participants and Members. Every time you make a purchase from us or attend a class or receive any other service from Tahoe Mountain Fitness, you acknowledge and accept these Terms and Conditions.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT CLAUSE, YOU AND TAHOE MOUNTAIN FITNESS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.
Our contact information is as follows:
Tahoe Mountain Fitness
12047 Donner Pass Road Suite B7
11890 Donner Pass Road Suite 3
Truckee, CA 96161
tahoemountainbliss@gmail.com
530-412-3548
www.tahoemountainfit.com
CLASSES AND PACKAGES
Tahoe Mountain Fitness offers various packages for Tahoe Mountain Fitness classes, ranging from one to multiple classes per package and also offers various other services. Once a package is purchased, Participants will receive a class Credit in their account for each Tahoe Mountain Fitness class purchased in the package. "Credit" refers to any credit to take a Tahoe Mountain Fitness class, whether purchased or complimentary. All Participants and Members must create a Tahoe Mountain Fitness account ("Account") before taking a class. Please refer to the Terms of Service for more information on creating an Account.
All Participants must arrive by the start of class to guarantee their bike, reformer or required equipment. We reserve the right to offer the reservation of any Participant who has not arrived by the start of class to anyone on the waitlist who is present at the start of class. If no one from the waitlist is present, Tahoe Mountain Fitness allows a five (5) minute window after the start of class for Participants to enter the class. For the safety and enjoyment of all Participants, a Participant may not enter the class if he or she is more than five (5) minutes late.
CLASS CANCELLATION
Reserved classes may be cancelled without penalty 12 hours before the scheduled class at www.tahoemountainfit.com (the "Tahoe Mountain Fitness Website") under My Account or through the Tahoe Mountain Fitness MINDBODY ONLINE PHONE application (the "MINDBODY APP") or the MINDBODY ONLINE WEBSITE on the Reserve or Reservation Details page. Each reservation not cancelled 12 hours before the class scheduled will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
WAITLIST
If no reservations are available for a particular class, Participants may join the waitlist. As they become available, class reservations are offered by email or text (depending on when the reservation becomes available) to Participants on the waitlist on a first come, first served basis. If a Participant is offered and accepts a reservation off the waitlist but fails to attend the class, it will result in the forfeiture of the Credit used to reserve the class. (Please see below for the class cancellation policy for Memberships.)
EXPIRATION AND TRANSFERABILITY OF CREDITS
Credits have an expiration date as described in the credit, package or promotion details provided at the time of purchase. Once purchased, the expiration date or period can also be found on the MINDBODY APP AND/ OR MINDBODY ONLINE WEBSITE or the Tahoe Mountain Fitness Website. Credits and gift cards are not the same product.
Credits are non-refundable and cannot be resold.
Credits are non-transferable among people and locations. Also, Pilates Reformer Credits cannot be transferred to Fitness, Mat and/or Karate Credits, and visa versa.
MEMBERSHIP
Tahoe Mountain Fitness offers various memberships for unlimited Tahoe Mountain Fitness classes ("Memberships"). Specific details for each of the Memberships, including the commitment period, can be found on the Tahoe Mountain Fitness Website and/or in the promotional details provided at the time of purchase. Memberships cannot be shared or transferred, and any attempt to share or transfer a Membership will result in cancellation of the Membership, at Tahoe Mountain Fitness's sole discretion, without a refund. All Members must have valid Credit Card on account or Membership may be de-activated at any time.
If a Member requests a Membership downgrade, the change will take effect on the billing date following the Member's request. Membership dues will not be prorated or refunded based on the date of the Membership downgrade request. Membership downgrades are subject to the downgrade charge currently $150 which is subject to change.
If a Member requests a Membership upgrade, the Member will have immediate access to their upgraded membership. The Member will be charged a prorated amount for the remainder of the monthly billing cycle, and the Membership upgrade will be reflected in the Member's next billing date.
Some Membership changes, such as change to the membership type, will cause the commitment period to restart.
CLASS CANCELLATION
Members may cancel a class without penalty 12 hours before the scheduled class at the Tahoe Mountain Fitness Website under My Account or through the MINDBODY App. Each reservation not cancelled 12 hours before the scheduled class will result in a fee of up to $32 plus applicable taxes, which will be charged directly to Member's credit card. The fee cannot be paid for with a class Credit unless a Credit was used to make the reservation. All Members must have valid Credit Card on account or Membership may be de-activated at any time. There are no exceptions to the rules.
WAIT LIST
If no reservations are available for a particular class, Members may join the waitlist. As they become available, class reservations are offered by email or text to Members on the waitlist on a first come, first served basis. If Member is offered and obtains a reservation off the waitlist but fails to attend the class, it will result in a fee up to $32 plus applicable taxes, and will be charged directly to Member's credit card. All Members must have valid Credit Card on account or Membership may be de-activated at any time. There are no exceptions to the rules.
MEMBERSHIP CANCELLATION
Members may cancel their Memberships, after the required commitment has been met, by providing written notice to tahoemountainbliss@gmail.com or by notifying us through the "Contact Us" form on the Tahoe Mountain Fitness Website. After providing such notice, Member will be charged one additional time, with the Membership terminating thirty (30) days after the final payment date. Members who wish to cancel their Membership should notify Tahoe Mountain Fitness before the billing date that corresponds to their final month of Membership to avoid paying unwanted dues. Membership dues will not be prorated based on the date of cancellation. Membership dues are non-refundable.
FREEZE POLICY
If a Member is medically unable to attend classes, a Member may request a freeze of Membership ("Medical Freeze"). In such case, a Member must provide a doctor's note at the time of such request. Tahoe Mountain Fitness reserves the right to verify the note with the doctor. Members must notify Tahoe Mountain Fitness upon returning from the Medical Freeze by emailing tahoemountainbliss@gmail.com. After the Medical Freeze, Tahoe Mountain Fitness will resume charging, and Members are obligated to pay, the Member's monthly dues until any commitment period has expired.
Medical Freeze requests should be made to the on-site Tahoe Mountain Fitness manager or by email to tahoemountainbliss@gmail.com. Any non-medical freeze requests should also be directed to the on-site Tahoe Mountain Fitness manager, or send an email to tahoemountainbliss@gmail.com.
Tahoe Mountain Fitness reserves the right to adjust the Membership freeze policy from time to time. Freezing membership for any period of time does not relieve the Member from any minimum monthly membership commitment, as may be required for certain types of memberships.
PAYMENTS
UNLESS OTHERWISE STATED BY Tahoe Mountain Fitness IN WRITING, MEMBERSHIP CHARGES WILL BEGIN AT THE TIME OF PURCHASE AND RECUR MONTHLY UNTIL CANCELLED BY THE MEMBER IN ACCORDANCE WITH OUR CANCELLATION POLICY STATED ABOVE. MEMBERSHIPS BEGIN AT THE TIME OF PURCHASE (AND NOT AT THE TIME OF MEMBER'S FIRST CLASS). THE MONTHLY DUES WILL BE CHARGED AUTOMATICALLY AND ON APPROXIMATELY THE SAME DAY OF THE MONTH THAT THE MEMBERSHIP COMMENCED AND ORIGINAL MEMBERSHIP PAYMENT WAS MADE (the "Billing Date").
Billing dates cannot be moved to a different day of the month. If payment does not process successfully, the Membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited.
Cancelling a Membership before the end of the commitment period does not relieve Member of payment through the commitment period.
Tahoe Mountain Fitness reserves the right to increase its Membership dues from time to time, and will provide Members written notice in advance of any increase and the opportunity to cancel their Membership once the increase is instated. Members who choose to continue their Membership will be charged the increased dues in the next billing cycle after the increase has been implemented. Please note that the advanced written notice and opportunity to cancel does not apply to Memberships that have automatic rate increases as described at the time of purchase.
CORPORATE AND STUDENT MEMBERSHIPS
Tahoe Mountain Fitness has corporate Memberships with various companies and organizations through which their employees receive discounted Memberships and class packages. The same terms that apply to general Membership as described above also apply to corporate Membership. In addition, once someone becomes a corporate Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
Tahoe Mountain Fitness also offers discounted Memberships to students. (See below for information about additional student discounts.) The same terms that apply to general Membership as described above also apply to student Membership. In addition, once someone becomes a student Member, he/she cannot retroactively apply the discount to prior purchases or prior Membership dues.
Corporate and student discounts cannot be combined with any other discounts, such as special rates for new studio openings, or promotions, such as 30% off Cyber Mondays. Tahoe Mountain Fitness reserves the right, from time to time, to verify eligibility for corporate and student Memberships.
PAYMENT OBLIGATIONS OF MEMBERS AND PARTICIPANTS
Memberships and Credits are non-refundable. Members and Participants shall not be relieved of the obligation to make payments agreed to, and no deduction from or reimbursement of any payment shall be made, because of Member's or Participant's failure to use Tahoe Mountain Fitness's facilities. In other words, Members must continue to pay the rate agreed upon for the duration of the Membership regardless of the number of classes attended. Participants will not be reimbursed or credited any unused Credits in the period allotted for the class package purchased. Tahoe Mountain Fitness reserves the right to increase its Membership dues or class/package prices from time to time.
FORM OF PAYMENT
All payments (including for monthly Membership dues, classes, and incidentals) are payable by electronic funds transfer from Member's or Participant's credit card account or debit card account. Payments for Membership dues or classes may not be split between multiple cards, and processed payments may not be refunded in order to charge payment to a different card. Members and Participants must authorize payments to be made through a third party administered electronic funds transfer system. Members and Participants maintain full control and privacy over their account at all times.
Once you have provided us with, and agreed to store, your credit card information on the Tahoe Mountain Fitness Website or the MINDBODY Website, you do not need to have your physical credit card on hand to make in-studio purchases. Your in-studio purchases can be applied to the credit card you entered on the Tahoe Mountain Fitness Website or the MINDBODY website.
RETURNED PAYMENT PENALTY
Members and Participants will automatically be charged any bank fee imposed on Tahoe Mountain Fitness, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Tahoe Mountain Fitness retains the right to collect the current and past due balances in any month after the returned payment.
DISPUTED CHARGE PENALTY
In the event that a Member or Participant initiates a credit card dispute that is subsequently resolved in Tahoe Mountain Fitness's favor, Tahoe Mountain Fitness shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.
CHANGE IN OPERATING HOURS/TEMPORARY CLOSING OF FACILITY
As a result of repair, maintenance, special occasions or events, holidays, acts of God (such as a heavy snow storm), or for other reasons, Tahoe Mountain Fitness may elect to restrict the use of or temporarily close its facilities or activities from time to time. There will be no reduction, suspension or reimbursement of Membership dues during such time nor extension of a Membership period as a result of any temporary closing. Also, hours of operation may be amended from time to time, and certain facilities, services or programs may be added or eliminated from time to time, at Tahoe Mountain Fitness's sole discretion. For questions or specific issues about the closure of Tahoe Mountain Fitness facilities and use of Credits, email tahoemountainbliss@gmail.com.
OFFERINGS FOR MEMBERS AND PARTICIPANTS
STUDENT, TEACHER AND MILITARY CREDITS
From time to time, Tahoe Mountain Fitness offers discounted Classes to students, teachers, and members of the military, subject to eligibility restrictions and conditions that are subject to change. Students, teachers, and members of the military who are interested in receiving these discounts must provide Tahoe Mountain Fitness with the proof requested by Tahoe Mountain Fitness to verify status. Student, teacher, and military class Credits are non-transferable and cannot be used to reserve a class for anyone other than the intended student, teacher or military recipient whose status has been verified by Tahoe Mountain Fitness.
Tahoe Mountain Fitness reserves the right, from time to time, to verify eligibility for student, teacher, or military status.
GIFT CARDS
Gift cards are available for purchase on the Tahoe Mountain Fitness website and in Tahoe Mountain Fitness studios and are redeemable online only and not for purchases of retail items. Gift cards are non-refundable and the entire gift card must be redeemed by a single Account. Gift cards do not expire, however, once they are redeemed for Credits, the Credits expire based on the expiration date described in the details provided at the time of purchase. Gift cards are not redeemable for cash.
CONDUCT, RISKS AND SAFETY
CONDUCT
Members and Participants shall not use any Tahoe Mountain Fitness facility, service or equipment in such a way as to endanger the health or safety of themselves or others. Members and Participants shall be responsible for any property damage or personal injury caused by themselves or their guests. Members and Participants agree not to violate any laws while in Tahoe Mountain Fitness facilities.
REVOCATION OF MEMBERSHIPS AND CREDITS
Tahoe Mountain Fitness, in its sole discretion, may revoke Memberships or Credits at any time and without refund, in the event that a Member or Participant engages in behavior that is unsafe or objectionable to any other Member, Participant or staff, or for reasons of nuisance or disturbance to any other Member, Participant or staff, moral turpitude, fraud, personal hygiene or attire. Tahoe Mountain Fitness also reserves the right, in its sole discretion, to require a Member or Participant to leave for the day if, in Tahoe Mountain Fitness's reasonable judgment, a Member or Participant poses a health or safety risk, or is disturbing or is likely to disturb any other Member, Participant or staff.
MEDICAL RECOMMENDATIONS AND DISCLAIMER
Members and Participants should consult with their physician or have a physical examination before using any of Tahoe Mountain Fitness's facilities or enrolling in any classes, especially if the Member or Participant is elderly, pregnant, has a prior injury, has a history of heart disease, high blood pressure or other chronic illness, is unaccustomed to physical exertion or has other physical limitations.Members and Participants acknowledge that Tahoe Mountain Fitness makes no claims as to medical or fitness results that can or may be obtained through use of the Tahoe Mountain Fitness's facilities, equipment or services. Tahoe Mountain Fitness has neither suggested nor will suggest any medical treatment to Members or Participants. Only licensed medical professionals are qualified to give medical advice.
HEALTH WARRANTY
Members and Participants represent that: (1) there are no medical or physical conditions that would preclude their use of Tahoe Mountain Fitness's facilities; (2) they have not been instructed by any physician not to use Tahoe Mountain Fitness's facilities, equipment, services, or similar equipment or services; and (3) they are in good health and have no disability, impairment, injury, disease or ailment preventing them from engaging in active or passive exercise or which could cause increased risk of injury or adverse health consequences as a result of exercise.
ACTIVITY RISKS
Any strenuous athletic or physical activity involves certain risks. Members, Participants and their guests assume the risk of any and all accidents or injuries of any kind that may be sustained by, or in connection with, use of Tahoe Mountain Fitness's facilities. Tahoe Mountain Fitness cannot guarantee that any facility or equipment is free of risk. Members and Participants agree to exercise care in the use of Tahoe Mountain Fitness's facilities, equipment and services to protect against accidents.
INITIAL INTRODUCTION
Members and Participants are strongly encouraged to request and take advantage of an initial consultation, critical analysis and ongoing support available to ensure the proper and safe use of all Tahoe Mountain Fitness equipment.
LOSS OF PROPERTY
Members and Participants are urged not to bring valuables onto Tahoe Mountain Fitness premises and, if they choose to do so, to keep valuables with themselves at all times. Tahoe Mountain Fitness shall not be liable for the disappearance, loss, theft of or damage to personal property (including money, jewelry, or other valuables).
ACCOUNT PROTECTION
Members and Participants may not let others use their Tahoe Mountain Fitness username or password. If a Member or Participant allows another person to use their Member ID or password to book and/or attend classes, Tahoe Mountain Fitness, in its sole discretion, reserves the right to revoke or suspend Member's Membership or Participant's Credits.
RELEASE AND INDEMNITY
Members and Participants hereby acknowledge that there are inherent risks in exercise and in using the equipment associated with Tahoe Mountain Fitness's classes and/or instruction. Members and Participants assume full responsibility for their use of Tahoe Mountain Fitness's facilities and shall indemnify Tahoe Mountain Fitness and its shareholders, owners,affiliates, agents and employees against any and all liability arising out of the use of Tahoe Mountain Fitness's facilities. Additionally, Members, Participants and their guests shall hold Tahoe Mountain Fitness harmless from any loss, theft, cost, claim, injury, damage or liability incurred as a result of their use of Tahoe Mountain Fitness facilities, equipment, or services.
ADDITIONAL GENERAL PROVISIONS
CELLPHONES
Cellphones are prohibited in Tahoe Mountain Fitness classes unless prior permission has been granted by a studio manager due to exceptional circumstances.
PETS AND BICYCLES
Pets, except service pets, and bicycles are not permitted in Tahoe Mountain Fitness facilities, unless otherwise stated by the studio.
INDEPENDENT CONTRACTORS
From time to time, Tahoe Mountain Fitness may make the services of independent contractors available to Members, Participants, or their guests. Tahoe Mountain Fitness does not warrant or guarantee the quality of these services.
GUEST RULES
Guests are permitted in Tahoe Mountain Fitness facilities, but only pursuant to such rules, fees and schedules as then may be in effect. All guests must register at the front desk, with valid identification, and sign Tahoe Mountain Fitness's standard release agreement.
SPECIAL EVENTS
Tahoe Mountain Fitness may from time to time reserve the use of its facilities for special events, competitions and private functions.
CHILDREN'S USE
All children under 18 years of age must be accompanied by a parent at all times within Tahoe Mountain Fitness's facilities unless they are in a supervised activity.
NON-DISCRIMINATION
Tahoe Mountain Fitness does not discriminate against any person because of gender, race, creed, age, color, sexual orientation, national origin or ancestry with respect to participation in Tahoe Mountain Fitness classes or activities.
ENFORCEMENT
If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the validity or enforceability of any other provisions of this agreement, which shall remain in full force and effect, and the provisions held invalid or unenforceable shall be deemed modified so as to give such provisions the maximum effect permitted by applicable law.
ENTIRE AGREEMENT
These Terms and Conditions, Tahoe Mountain Fitness's Terms of Service, and any other rules, policies and regulations of Tahoe Mountain Fitness, as revised from time to time, constitute the entire and exclusive agreement between the parties, and supersede all prior promises, representations, understandings and/or agreements. This agreement may be modified only by an instrument in writing and only by Tahoe Mountain Fitness.
